Small Claims Matters

The Small Claims Act gives the Provincial Court authority to decide cases when people (or other legal entities such as companies or societies) sue one another for up to $25,000 in claims for:

  • debt
  • damage
  • recovery of personal property, and
  • specific performance of agreements.

The Court does not have the power to grant remedies affecting

  • an interest in land
  • personal property security
  • bankruptcies
  • trademarks
  • wills and estates
  • libel and slander
  • malicious prosecution
  • residential tenancy (though Residential Tenancy Branch orders may be enforced in Provincial Court), and
  • almost all builders' lien matters.

In addition, the federal government cannot be sued in Provincial Court.

Procedures
Procedures in Small Claims Court are designed to be simple so that people can feel comfortable proceeding without a lawyer if they do not wish, or are not able, to hire one. Those procedures are set out in the Small Claims Rules.

For an alternative to court, try the secure online negotiation service offered at Small Claims BC. If you can’t settle your claim that way you can still go to court. Small Claims BC also provides information on court rules, forms, processes, and procedures with help through live online chat for several hours on weekdays.

The B.C. Ministry of Justice Small Claims website also offers guidance on all aspects of Small Claims Court, from filing claims and replies to collecting once you have a judgment. The site offers Small Claims Court forms at Small Claims Court forms online . You can register and file documents electronically for a fee at Efile Small Claims documents.

Presenting a case in Small Claims Court does require preparation, including gathering and organizing evidence. For information on preparing for court see Getting Ready for Court and the links provided at Small Claims Matters Useful Links.

Over time, different approaches to resolving Small Claims disputes have been developed for various court locations, so the process your case will follow depends on the court location where your claim was filed. The table below provides an outline of Small Claims Court processes in various locations. Small Claims BC provides more information on these court processes.


Vancouver Richmond Surrey, N. Vancouver, Nanaimo, Victoria All Other Locations
Summary Trial
(Financial Debt)
Simplified Trial
(Up to $5000)
Court Mediation Program
(Up to $10,000)
 
Simplified Trial
(Up to $5000)
Mediation (Optional)
($10,000 - $25,000)
Mediation (Optional)
($10,000 - $25,000)
Mediation (Optional)
($10,000 - $25,000)
Mediation ($5,000 - $25,000) Judicial Settlement Conference Judicial Settlement Conference Judicial Settlement Conference
Pre-Trial Conference Pre-Trial Conference Pre-Trial Conference Pre-Trial Conference
Trial Trial Trial Trial